S T A T E O F N E W Y O R K
________________________________________________________________________
5157
2025-2026 Regular Sessions
I N A S S E M B L Y
February 12, 2025
___________
Introduced by M. of A. DeSTEFANO, REILLY, SAYEGH, E. BROWN, PIROZZOLO --
read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting insurance
companies from imposing a co-pay pursuant to a follow up visit with a
physician in order to receive a refill on an opioid drug prescription
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (i) of section 3216 of the insurance law is
amended by adding a new paragraph 40 to read as follows:
(40) EVERY POLICY WHICH PROVIDES COVERAGE FOR OPIOID DRUG
PRESCRIPTIONS SHALL NOT IMPOSE ANY FEE, CO-PAYMENT, CO-INSURANCE, DEDUC-
TIBLE OR OTHER CONDITION ON ANY INSURED WHO REQUIRES A FOLLOW UP
APPOINTMENT TO RECEIVE AN ADDITIONAL OPIOID DRUG PRESCRIPTION OR A
REFILL OF AN OPIOID DRUG PRESCRIPTION AFTER AN INITIAL PRESCRIPTION FOR
SUCH OPIOID DRUG PRESCRIPTION WHICH WAS WRITTEN FOR A PERIOD OF SEVEN
DAYS OR LESS. SUCH PROHIBITION ON ANY FEE, CO-PAYMENT, CO-INSURANCE,
DEDUCTIBLE OR OTHER CONDITION IS LIMITED TO ONE VISIT OR ONE REFILL
AFTER THE INITIAL APPOINTMENT OR PRESCRIPTION. UPON ANY SUBSEQUENT
CONSULTATION FOR THE SAME PAIN, THE PRACTITIONER MAY ISSUE, IN ACCORD-
ANCE WITH THIS SUBSECTION, ANY APPROPRIATE RENEWAL, REFILL, OR NEW
PRESCRIPTION FOR THE OPIOID OR ANY OTHER DRUG.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05407-01-5
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